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(영문) 서울중앙지방법원 2015.12.04 2015고단6465
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 9, 2014, the Defendant made a false statement to the Victim C, stating, “The 5th day (the start of December 27, 2014) program of Washington Liber 3,500 won (the start of December 27, 2014) is less than 887,000 won, the Defendant may travel at a low level with the above unique goods on the face of the remittance of the travel expenses.”

However, at the time of fact, the Defendant had no intention or ability to make up for hotel tickets, airline tickets, etc. even if he receives money from the victim as a travel expense for the new customer, such as purchase of tickets by the previous customer or cancellation of the promise, because the Defendant received the travel expense from the victim due to the shortage of funds, such as continuous accumulation of accumulated personnel, etc.

On October 10, 2014, the Defendant, by deceiving the victim, received 887,000 won from the victim’s bank account under D’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] General Fraud / [the scope of punishment] there is no basic area (6 to 100 million won) [6-1 year and 6 months] / [the decision of sentence] / [the decision of sentence] that the defendant is likely to reflect his mistake and not to repeat again, the amount of damage is relatively small, and other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

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